The Chief Justice Roger Taney Ruling Still Applies In Michael Dunn And George Zimmerman Miscarriage Of Justice Cases

This is what Chief Justice Roger Taney said in the infamous Dred Scott v. Sandford decision of 1857:“Can a Negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed into existence by the constitution of the United States…they are not included, and were not intended to be included, under the word 'citizens' in the constitution, and can therefore claim none of the rights and privileges which that instrument provides for…”

The verdict is in.

Michael Dunn was found guilty on three counts of attempted second-degree murder; but the jury failed to reach a verdict on the most significant charge of first-degree murder in the shooting death of Jordan Davis.

Instead of celebrating what would have been his 19th birthday, Jordan Davis’ parents continue to mourn the legally unrecognized murder of their son. I can only imagine that this verdict is analogous to killing him again.

Davis has become another victim of a murderous historical American continuum.

In the wake of the Treyvon Martin murder, the killings of Oscar Grant on New Year’s Day 2009, Sean Bell on November 26, 2006, Police Sgt. Cornel Young, Jr. on January 28, 2000, Police Officer Willie Wilkins on January 11, 2001, Amadou Diallo on February 4, 1999 and so many others we find ourselves coming to the same conclusion, by focusing on their color; people failed to see their humanity.

The subtext to all of these untimely deaths remains race. The subtext to the inability of juries to convict the George Zimmermans and Michael Dunns of the world of murder is tied to race as well. They are the most recent victims of a murderous historical American continuum.

Tolnay and Beck in their book A Festival of Violence, “identified 2,805 victims of lynch mobs killed between 1882 and 1930 in ten southern states. Although mobs murdered almost 300 white men and women, the vast majority-almost 2,500-of lynch victims were African-American. The scale of this carnage means that, on average, a black man, woman, or child was murdered nearly once a week, every week, between 1882 and 1930 by a hate driven white mob.”

Today, lynch mobs have been replaced by Zimmermans and Dunns and sanctioned by “Stand Your Ground” and “juries of their peers”.

As Africans in America and later African Americans, we have been engaged in a struggle for a very long time. Too many of us have forgotten what’s at the crux of the issue. Many believe it’s economic, others believe its civil rights. Both of those are important and play a significant role in improving our circumstance but what we’ve been fighting to have recognized since those first 20 and some odd “African indentured servants” disembarked from the Dutch Man O War off the shores of Jamestown, VA in 1619 (395 years ago)is to be considered human.

According to the Virginia Statutes on Slavery, Act 1, October 1669; what should be done about the casual killing of slaves? “If any slave resist his master and by the extremity of the correction should chance to die, that his death shall not considered a felony, and the master should be acquitted from the molestation, since it cannot be presumed that prepense malice should induce any man to destroy his own estate.” We were property, not human; part of the estate.

In Dred Scott Chief Justice Taney wrote, of Black people that they "were at that time an considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them.” Unfortunately, Taney’s perspective remains prevalent in the minds of too many Americans.

For decades, the law recognized the value of life over property. In many jurisdictions, before a person could use deadly force they had a duty to retreat. They had to prove that the use of deadly force was justified. This is often taken to mean that if the defendant had first avoided conflict and secondly, had taken reasonable steps to retreat and so demonstrated an intention not to fight before eventually using force, then the taking of a life could be considered justified.

Today, Stand Your Ground has turned this long held principal on its head. Today it provides individuals (seemingly mostly European American’s) the right to use deadly force (seemingly against African American’s) to “defend” themselves without any requirement to evade or retreat from a circumstance of their own creation.

One cannot stress enough, in both the Treyvon Martin murder and the murder of Jordan Davis, both victims were in public space, engaged in legal activity, and at the time they were confronted were not a threat to anyone. George Zimmerman and Michael Dunn initiated the confrontations, put themselves in harm’s way, and then took matters into their own hands, choosing to use deadly force against unarmed and non-threatening innocent victims. Neither Martin nor Davis was given the opportunity to stand their ground.

What ties the death of all of the individuals listed above together is the culturally accepted stereotype of the threatening Black male. Defense counsels in the murder of Treyvon Martin, Jordan Davis, Amadou Diallo and so many others rationalized these irrational shootings by tapping into the oftentimes unspoken but clearly recognized and understood fear of the Black male.

Even though no weapon and nothing resembling a weapon was found in the vehicle Jordan Davis was riding in, at least one member of the Dunn jury understood his claim that he was in fear of his life. Even though Treyvon Martin was unarmed, members of the Zimmerman jury understood on a gut level his claim that he was in fear of his life. Amadou Diallo was armed with only his wallet when NYPD unleashed a barrage of 41 bullets striking him 19 times.

Since those first 20 and some odd “African indentured servants” disembarked from the Dutch Man O War off the shores of Jamestown, VA in 1619 African’s in America and now African Americans have been victimized by a murderous American historical continuum.

Dr. Wilmer Leon is the Producer/ Host of the Sirius/XM Satellite radio channel 110 call-in talk radio program “Inside the Issues with Wilmer Leon”